H1B Visa Lawyer Blog

MVP "Immigration Q & A Forum" - This Friday, June 21, 2013

Mon, 17 Jun 2013 08:00:00 -0500

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 21, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Resources for Citizenship – Find Local English and Citizenship Classes!

Fri, 14 Jun 2013 08:00:00 -0500

If you are searching for “English as a Second Language” or “Citizenship” classes in your local area try using the America's Literacy Directory (ALD). First you choose the type of class/classes you are looking for, then just type in your zip code or city/state and active the search. If the directory locates a training source within your local area it will list the details. You can also generate a map and driving directions for all programs listed in the ALD.

America's Literacy Directory (ALD) is a web site that allows users to find local literacy providers in all 50 states and the U.S. territories. The ALD includes literacy programs for adults looking for adult basic education, adult secondary education, computer literacy and English as a Second Language.

Source of Information:

Lincs.ed.gov, website, America's Literacy Directory (ALD)

USCIS.gov, website, Find Help in Your Community

Impact of New Americans: Tennessee, Texas, Utah & Vermont

Thu, 13 Jun 2013 08:00:00 -0500

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Tennessee, Texas, Utah and Vermont.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Tennessee

• Texas

• Utah

• Vermont

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

Visa Bulletin - July 2013

Wed, 12 Jun 2013 08:00:00 -0500

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2013 Visa Bulletin

The July 2013 Visa Bulletin shows: EB-2 is current for “All Chargeability Areas Except Those Listed”. EB-3 cut-off date for “All Chargeability Areas Except Those Listed” is 1/1/09.

The EB-2 cut-off date for China is 8/8/08 and 9/1/04 for India.

The EB-3 cut-off date for China is 1/1/09 and 1/22/03 for India.

*The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089

Tue, 11 Jun 2013 08:00:00 -0500

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Business Development Specialist.”

After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification because the job title recorded in the two newspaper advertisements communicated the job title as “Business Development VP” as an alternative to “Business Development Specialist.” The CO thought this inconsistency was an infringement of PERM regulations 20 C.F.R. § 656.10 and 20 C.F.R. § 656.17(f)(3).

PERM regulation 20 C.F.R. § 656.10(c) (8) requires the petitioning employer to demonstrate that the job has been visibly accessible to any U.S. worker. The PERM regulation § 656.17(f)(3) requires any print advertisement to specifically detail the job requirements in order to give US workers the chance to apply for the position.

The Employer requested reconsideration of the denial arguing that the job titles were significantly the same. They believed that any job hunter would have clearly understood the posting. The Employer stated the term “VP” is regularly used in job listings because it is more enticing than the word “Specialist.” By using the word “VP”, the Employer believed they would get more candidates to apply for the position.

Upon reconsideration of the employer’s arguments, the CO confirmed his denial of the labor certification. In a letter, he stated the job headings in the ads were drastically distinctive from the headings in the Labor Certification Application. The Employer requested BALCA review of the CO’s denial repeating the same information that they listed in the reconsideration.

In each of the CO’s denials, he did not analyze the Employer’s claims. Even though the Employer made logical arguments, the CO believed the job titles were distinct and it was the end of the story. He did not seem to want to hear the Employer’s opinions.

After a review of the case, BALCA sided with the Employer. They thought the job titles in the advertisements did not unfairly take away job opportunities for US workers. Denial of labor certification in this matter was reversed and the Labor application given back to the CO for certification.

H-2B Cap Count UPDATE – 6/3/13

Mon, 10 Jun 2013 08:00:00 -0500

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 - March 31) is 33,000. As of the last count (3/31/2013); *43,089 beneficiaries have been approved and 174 are still pending for a total of *43,263.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (5/31/13); 22,393 beneficiaries have been approved and 2,314 are pending for a total of 24,707.

For further details read, “Cap Count for H-2B Nonimmigrants”

* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.

Source of Information:

USCIS.gov (6/3/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted 6/3/13)

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 7, 2013

Fri, 07 Jun 2013 08:00:00 -0500

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – U.S. Citizenship
I recently received a Green Card. Next year, I am going to marry my US Citizen Fiancé. How long do I wait to apply for Citizenship?

Answer #1
As it appears, you did not obtain your green card through marriage, as you have yet to be married. Accordingly, you must wait five (5) years to apply for Citizenship. In addition to the time period, there are other eligibility requirements.

Question #2 – U.S. Citizenship
How long does it normally take to become a US Citizen?

Answer #2
It depends. If you received your green card through marriage, then the waiting period is 3 years, subject to additional eligibility requirements. If you received your green card through employment, then the waiting period is 5 years, also subject to additional eligibility requirements.

Question #3 – DACA
Is there a minimum age requirement for DACA applicants?

Answer #3
Yes. Anyone requesting consideration for deferred action under DACA must have been under 31 years old as of June 15, 2012. The applicant must also be at least 15 years or older to request deferred action, unless the applicant is currently in removal proceedings or have a final removal or voluntary departure order.

Question #4 – DACA
If someone has applied for DACA status, can he/she travel outside the US?

Answer #4
Generally no, they may not travel until a decision is made on the DACA application, unless the travel is related to employment, education or humanitarian purposes and the applicant seeks permission directly from the USCIS prior to departure.
Please see below as taken from the USCIS website:
If you travel outside the United States after August 15, 2012 and before your request for deferred action is adjudicated, you will not be considered for deferred action under this process.
Deferred action will terminate automatically if you travel outside the United States without receiving advance parole from USCIS. If USCIS approves your request for deferred action, you may travel outside the United States only if you receive advance parole from USCIS before traveling.
Application procedures for advance parole for individuals with deferred action are being finalized. USCIS expects to incorporate those requirements into USCIS Form I-131, Application for Travel Document, in the near future and will inform the public when the new form is available. Should you have a compelling need to travel outside the United States before the new instructions are issued for reasons related to your current employment, education or humanitarian purposes, you may submit Form I-131 and request advance parole from USCIS by attaching a copy of your DACA approval Form I-797, and a letter that explains your compelling need to travel to your application

Question #5 – H-1B Nonimmigrant Visa
My 6 year period of H1B Visa will expire in Dec 2013 and my labor application is still pending for approval. Am I eligible to apply for a visa extension?

Answer #5
It depends upon several factors.

• Have you ever left the U.S. since your initial arrival in the U.S.? If so, you may be able to recapture the time you spent outside of the U.S. in a recapture/extension petition.
• When was the Labor application filed on your behalf? If it has been in a pending status for 365 days or more, then you may be eligible to file a one (1) year extension based upon AC21.
• Although you are able to submit an extension up to 6 months prior to the expiration of the visa, you may wish to wait to see if your case is approved within the coming months; however, you would still need to file and obtain approval of the I-140 petition.

Question #6 - Employment Based Immigration
For the last 4 years I have been working as a contractor in the IT sector as an EB3 worker. Last May, I completed my MBA. Is it possible to change my category from EB3 to EB2?

Answer #6
You should speak with one of our experienced Immigration Attorneys to determine your eligibility.

Question #7 – Family Based Immigration
If I live out of the US, and apply for an I-130, do I have to come to the US for my interview appointment?

Answer #7
No. Once the I-130 petition is approved, you will have to appear at the nearest Consulate for the interview appointment, once it is arranged with the Consulate through the National Visa Center. This process is called Consular Processing.

Question #8 – Family Based Immigration
My husband recently filed an I-130. We have included all the documentation that was required. How long will it take for USCIS to respond?

Answer #8
Current processing times indicate a period of 6 months for the adjudication of Form I-130. If further evidence is required, a Request for Additional Evidence will be issued, which will further delay the final adjudication of the petition by a USCIS Officer.

Question #9 – General
On the USCIS website, what does it mean if the status of the application states that it is now changed to “post decision activity?”

Answer #9
This means that the government has reached a decision in your case. For example, if you applied for DACA, the govt. has either approved or denied your petition.

Question #10 – Family Based Immigration
My wife came here from France four years ago with a visa waiver. Now that we are married, we filed an adjustment of status. Will she need to return to France for the immigration interview?

Answer #10
No. She will likely attend the interview at a USCIS local field office.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, June 21, 2013!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

Impact of New Americans: New York, North Carolina, Rhode Island & South Carolina

Thu, 06 Jun 2013 08:00:00 -0500

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

To view the state-by-state fact sheets click on the links below:

• New York

• North Carolina

• Rhode Island

• South Carolina

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

Update - FY 2013 Citizenship and Integration Grant Program extended

Wed, 05 Jun 2013 08:00:00 -0500

USCIS is reopening the FY 2013 Citizenship and Integration Grant Program funding opportunity announcement (DHS-13-CIS-010-002). Applications may be filed through Grants.gov from June 3, 2013 through June 5, 2013 at 11:59:59 PM EDT. USCIS learned after the close of the original application period on May 22, 2013 that Grants.gov rejected a significant percentage of applications to this funding opportunity. Given those rejections, USCIS is reopening this opportunity for a brief period to allow potential applicants to resubmit an application. Organizations that successfully submitted an application through Grants.gov before the May 22, 2013 deadline are not required to resubmit.
For more information, please contact the USCIS Office of Citizenship’s Grants Division at citizenshipgrantprogram@uscis.dhs.gov

Source of Information:
USCIS.gov, (6/3/13), Email Bulletin

DACA Statistics - USCIS Update through 3/31/13

Tue, 04 Jun 2013 08:00:00 -0500

These USCIS statistics on DACA cases from 8/15/12 to 4/30/13 show a total of 497,960 DACA requests accepted for processing, 483,907 biometric services appointments scheduled, and 291,859 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 375,568 received to date and 230,821 approved. California was the top state of residence with 141,367 received to date and 87,142 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (May, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 5/17/13)”

MVP "Immigration Q & A Forum" - This Friday, June 7, 2013

Mon, 03 Jun 2013 08:00:00 -0500

Our next “Q & A Forum” will take place this Friday, June 7, 2013. Act now and submit your questions!

THANK YOU!

Now is the Time - Urge Your Senators to Pass a Workable Immigration Reform Bill!

Fri, 31 May 2013 08:00:00 -0500

Now that the New Immigration Reform Bill, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act, is finally out of the Senate Judiciary Committee and has been sent to the U.S. Senate for a vote, it is time for you to send your opinions on the bill to the Senators that represent your state. The American Immigration Lawyers Association (AILA) has setup a web page for you to easily find and then send a message to your specific members of congress supporting the New Immigration Reform Bill. Using your zip code or home address, they can find the name and email address of your Representatives in Congress. They have created five templates, including four issue-specific letters on business, family, due process and legalization that you can use or you can write your own message. Enter your zip code and select a message to send to your Senator.

MVP Law Group would like you at this critical time to urge your Senators to pass a workable Immigration Reform Bill. If passed by the Senate the new Immigration Reform Bill will be sent to the U.S. House of Representatives.

Source of Information:
AILA.org, (5/29/13), web site

Impact of New Americans: Iowa, Kansas, Kentucky & Minnesota

Thu, 30 May 2013 08:00:00 -0500

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

To view the state-by-state fact sheets click on the links below:

• Iowa

• Kansas

• Kentucky

• Minnesota

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

H-2B Cap Count UPDATE – 5/28/13

Wed, 29 May 2013 08:00:00 -0500

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for the second half of FY 2013 (April 1 - September 30) is 33,000. As of the last count (5/24/2013); 21,406 beneficiaries have been approved and 2,281 are pending for a total of 23,687.

For further details read, “Cap Count for H-2B Nonimmigrants”

* This number is higher than the actual cap to allow for withdrawals, denials, and revocations.

Source of Information:

USCIS.gov (5/28/13) Web Page

AILA InfoNet Doc. No. 12102342 (posted May. 28, 2013)

Updated Service Center Processing Times

Tue, 28 May 2013 08:00:00 -0500

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/21/13 with processing dates as of 3/31/13.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

National Benefits Center

Nebraska Service Center

Texas Service Center

Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS (1-800-375-5283).

If you are a client of MVP Law Group and would like our assistance please contact our office.